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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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Madam, Warm greetings and thank you very much

Customer Question

Dear Sir/ Madam,
Warm greetings and thank you very much for all the efforts and help you are providing through this service.
I would highly appreciate your help if you could help me out to assist my visa case.
I am married to a UK British citizen since 29/Apr/2011. I have applied to the (2 years route) for my entry clearance visa (Spouse Visa) and it was valid from (05/Feb/2012 - 05/May/14). However, I came to the UK after four months from obtaining the visa and arrived on the (04/Jun/2012).
Because I did not complete a full 24 months that officially qualifies me to apply for ILR (counting from 04/Jun/12, when I first entered the UK - 05/May/2014, the date my visa expires) I had to apply for an extension, which is currently valid from (07/Apr/2014 - 07/Apr/2016).
My question is: Can I apply for the ILR using the form SET(M) any time sooner than Apr/2016? Specially that I would like to take the advantage of the premium service option to greatly minimise the processing time that my application would take.
N.B: As I mentioned a lot of dates that might confuse the reader, I decided to put them in a list to make it easer to follow:
1. 29/Apr/2011 (Got married to a UK British citizen)
2. 05/Feb/2012 - 05/May/14 (Validity of my Spouse Visa)
3. 04/Jun/2012 (First entered the UK)
4. 07/Apr/2014 - 07/Apr/2016 (Validity of my extension visa)
I look forward to hearing from you.
Kind regards, *****
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
Note: 1. kindly, read what is written below as it is the same content like above, but I have edited it to look more understandable to read.
2.Very small correction: I am married to a UK British National not citizen.Dear Sir/ Madam,Warm greetings and thank you very much for all the efforts and help you are providing through this service. I would highly appreciate your help if you could help me out to assist my visa case.I am married to a UK British national since 29/Apr/2011. I have applied to the (2 years route, before Jul 2012) for my entry clearance visa (Spouse Visa) and it was valid from (05/Feb/2012 - 05/May/14). However, I came to the UK after four months from obtaining the visa and arrived on the (04/Jun/2012).
Because I did not complete a full 24 months that officially qualifies me to apply for ILR (counting from 04/Jun/12, when I first entered the UK - 05/May/2014, the date my visa expires) I had to apply for an extension, which is currently valid from (07/Apr/2014 - 07/Apr/2016).
My question is:
Can I apply for the ILR using the form SET(M) any time sooner than Apr/2016? Specially that I would like to take the advantage of the premium service option to greatly minimise the processing time that my application would take.
N.B: As I mentioned a lot of dates that might confuse the reader, I decided to put them in a list to make it easer to follow:
1. 29/Apr/2011 (Got married to a UK British citizen)
2. 05/Feb/2012 - 05/May/14 (Validity of my Spouse Visa)
3. 04/Jun/2012 (First entered the UK)
4. 07/Apr/2014 - 07/Apr/2016 (Validity of my extension visa)
I look forward to hearing from you.
Kind regards, *****
Customer: replied 11 months ago.
Dear Just Answer team,I hope this finds you well.I have sent my enquiry to you yesterday. However, I have not recieve any replies from you regarding my case.A quick response would be highly appreciated.Regards,Salma B
Expert:  Buachaill replied 11 months ago.
1. Dear Salma, as and from 4 June, 2015, you have the right to apply for UK citizenship as you have been married to a UK national for three years during which you were living continuously in the UK. This is because the spouse of a UK national has the right to apply for UK citizenship after three years of marriage to a UK citizen, during which three years you were resident in the UK. So, rather than applying for ILR you should instead - today - be applying for UK Citizenship. This then removes the need to apply for any further visas.2. Here is a link to the UK Government website which explains the situation https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen
Customer: replied 11 months ago.
DearCustomerThank you for your response.I have checked the link that you sent to me earlier and I nearly read most of its content. Therefore, I have a couple of questions for you that I need to know their answers please.As written in the website, it says:
You can apply for British citizenship by naturalisation if:1. Spent no more than 270 days outside the UK in those 3 years
- Does it mean that they start counting the first year from the date I entered the UK? Which was on the 4th/Jun/2012 - 4th/Jun/2015? Or they start counting backwards from the date they recieve the Neutralisation application?2. Spent no more than 90 days outside the UK in the last 12 months
- Same question of point Number 1.3. ANNEX B to Chapter 18 page 13 (residence requirements), under Immigration time restrictions in the year prior to the application date, says:
All applicants for naturalisation must be free of immigration time restrictions on the date of application. There is no discretion to waive this requirement. This does not mean that the applicant must have ILE or ILR. The following people may also be regarded as meeting this requirement:
- Does this apply to me? or I should be exemptead from this condition (Having ILR for 12 months) as I'm currently on the extension of my spouse visa, and I never applied for ILR before.4. (https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply)
It says:
And you must usually have:
. been granted indefinite leave to stay in the UK (this means there’s no specific date that you have to leave) or permanent residence if you’re an EEA national (and you have a permanent residence card or document that shows you have permanent residence)
- Same question of point number 35. What is the best way to apply? Can I apply (fill and submit) the application online?
6. How long does it usually take to get a response? Is there a way to minimise the processing time?
7. After receiving the approval will I get Certificate of registration or British Passport?I look forward to hearing from you soon.Kind regards,
Salma B.
Expert:  Buachaill replied 11 months ago.
3. Dear Salma, Firstly, the start counting back from the date they receive the naturalisation application. Secondly, same with the previous 12 months. Thirdly, can't find this reference. However, you can apply as you qualify. Fourthly, there is no bar to you applying. Fifthly, fill in and submit the form online. Sixthly, applications take time. Generally within nine weeks if there is no issue but up to six months if there is an issue. Seven, yes you will get a certificate of registration for a British passport if you are successful.

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